Cryptocurrency Taxation: What Recent Policy Changes Mean for Investors

6/14/20234 min read

Cryptocurrency has become an increasingly popular asset class, attracting both individual and institutional investors. But as digital currencies continue to gain traction, tax policies around them are evolving quickly. Recent policy changes mean investors need to stay informed about how these updates affect reporting, compliance, and overall tax liabilities. Here’s a look at what recent cryptocurrency tax changes mean for investors and how to navigate the new landscape.

1. Stricter Reporting Requirements for Crypto Transactions

One of the most significant shifts in cryptocurrency tax policy is the tightening of reporting requirements. The IRS has introduced additional rules to ensure all taxable cryptocurrency transactions are accurately reported. Previously, some investors may not have realized they needed to report smaller crypto transactions, but recent changes leave little room for ambiguity.

New policies require crypto exchanges and brokers to report detailed information on users’ trades and transactions. This added transparency ensures that capital gains and losses are accurately documented, and it helps the IRS track tax obligations more effectively.

What This Means for Investors:

If you trade or transact frequently with cryptocurrency, it’s crucial to keep meticulous records. This includes tracking the date, amount, and purpose of each transaction. Working with a tax professional or using specialized crypto tax software can help streamline this process and reduce potential tax issues.

2. The Expanding Scope of Capital Gains Tax on Cryptocurrency

Since the IRS considers cryptocurrency as property, every sale or exchange triggers a taxable event. Recent guidance clarifies that any gain or loss resulting from these transactions is subject to capital gains tax. Additionally, swapping one cryptocurrency for another or using crypto to buy goods and services is considered a sale, and any gains made are subject to tax.

Short-term gains (for assets held less than a year) are taxed at higher ordinary income tax rates, while long-term gains (for assets held longer than a year) benefit from lower tax rates.

What This Means for Investors:

Long-term crypto holders may benefit from reduced capital gains taxes. Those who trade frequently may face higher tax obligations, especially on short-term gains. Considering the impact of each transaction and potentially holding assets longer could help reduce tax liability.

3. New Policies on Crypto Staking and Lending Income

As crypto staking and lending gain popularity, tax authorities have introduced more detailed guidelines around these activities. Income generated from staking or lending cryptocurrency—such as earning rewards or interest—is now treated as taxable income, similar to dividends or interest earned in a bank account. This income is generally taxed at ordinary income tax rates.

What This Means for Investors:

If you participate in staking or lending, keep records of all rewards and interest earned. Be prepared to report this as income and pay taxes on it, even if you didn’t convert the rewards into fiat currency. Tax software designed for crypto or guidance from a tax expert is beneficial to accurately report and optimize tax obligations for these earnings.

4. International Implications for U.S. Taxpayers Holding Cryptocurrency

Recent policy changes also address the global nature of cryptocurrency. For U.S. taxpayers, the IRS has emphasized the need to report foreign crypto holdings in compliance with the Foreign Account Tax Compliance Act (FATCA) and Report of Foreign Bank and Financial Accounts (FBAR) rules. These regulations apply to any U.S. taxpayer holding over $10,000 in foreign accounts, including foreign cryptocurrency exchanges.

What This Means for Investors:

U.S. taxpayers holding crypto on foreign exchanges should check if their holdings meet the reporting thresholds for FATCA and FBAR. Non-compliance can lead to significant penalties. Tax professionals experienced in international crypto holdings can assist in navigating these requirements.

5. Tax Loss Harvesting for Cryptocurrency

With the IRS’s classification of cryptocurrency as property, tax loss harvesting—selling assets at a loss to offset gains—can be used as a strategy to reduce taxable income. Recent guidance reaffirms that investors can use capital losses from cryptocurrency to offset gains from other assets, including stocks and bonds. The volatile nature of crypto prices makes it particularly suitable for tax loss harvesting strategies.

What This Means for Investors:

Investors facing losses on certain crypto assets can use those losses to reduce their overall tax burden. Working with a tax advisor to implement tax loss harvesting can help optimize this strategy and manage potential gains across a diversified portfolio.

6. Enhanced IRS Enforcement and Penalties

To address the “tax gap” attributed to unreported crypto transactions, the IRS has ramped up enforcement efforts, including more detailed reporting on individual tax returns. Beginning in recent tax seasons, taxpayers are required to answer a question regarding their crypto activity. Non-compliance or underreporting can result in penalties, and the IRS is actively monitoring cryptocurrency transactions to ensure accurate reporting.

What This Means for Investors:

Take IRS reporting requirements seriously, as the risk of audits and penalties has increased. Accurate reporting of all crypto transactions, even small ones, can prevent unwanted issues. Consider working with a tax professional who specializes in crypto to avoid errors that could lead to penalties.

Tips for Navigating Cryptocurrency Tax Policy Changes

To make the most of recent policy changes, consider the following best practices:

  1. Maintain Detailed Records: Accurate record-keeping is essential for compliance. Track every purchase, sale, exchange, and income from staking or lending.

  2. Use Crypto Tax Software: Specialized software can simplify the process, automatically generating reports and helping ensure accuracy in filings.

  3. Stay Informed on Policy Updates: Cryptocurrency tax policies are evolving, and staying updated can help you avoid unexpected tax liabilities.

  4. Consult a Tax Professional: A tax advisor experienced with cryptocurrency can provide tailored guidance, help with tax-saving strategies, and ensure you’re compliant with new policies.

Final Thoughts

As cryptocurrency continues to grow, tax policies will evolve to keep up. For investors, these changes underscore the need to stay informed, keep accurate records, and consider long-term tax planning strategies. By understanding and adapting to recent policy changes, investors can navigate cryptocurrency taxation more effectively and make the most of their digital assets while remaining compliant.